Chapter I General Provisions Article 1 These Measures are formulated to meet the needs of the development of the socialist market economy, standardize and manage the credit card business and promote the healthy development of China's credit card business. Article 2 Commercial banks and their branches, cardholders and special units accepting credit cards in People's Republic of China (PRC) must abide by the provisions of these Measures. Article 3 The term "credit card" as mentioned in these Measures refers to the credit payment instruments issued by commercial banks in People's Republic of China (PRC) (including foreign-funded banks and Sino-foreign joint venture banks, hereinafter referred to as commercial banks) to individuals and units.
Credit card has the functions of transfer settlement, cash deposit and withdrawal, consumer credit and so on. Article 4 Credit cards are divided into business cards and personal cards according to users. According to the credit rating, it is divided into gold card and ordinary card; Divided into RMB cards and foreign currency cards by currency; According to the carrier material, it is divided into magnetic stripe card and smart card I hereinafter referred to as ic card). Article 5 Commercial banks may not issue credit cards without the approval of the People's Bank of China.
Non-financial institutions, non-bank financial institutions and representative offices of overseas financial institutions in China shall not engage in credit card business. Article 6 The People's Bank of China is responsible for the management and coordination of credit card business throughout the country. Each issuing bank is responsible for the organization, management and coordination of credit card business in this system. Article 7 Commercial banks engaged in credit card business shall, in accordance with these Measures and other relevant rules and regulations issued by the People's Bank of China, formulate a credit card business charter and submit it to the People's Bank of China for approval. Article 8 The credit card department of a commercial bank is an internal business department and may not be established as an independent accounting and self-contained legal person institution. Chapter II Business Rules Article 9 A company card must be stamped with the word "DWK" on the lower left side of the card face and the cardholder's name (pinyin) on the right side of the word "DWK". Article 10 The magnetic stripe cards and ic cards issued by banks shall conform to the relevant standards promulgated by the State Bureau of Technical Supervision and the People's Bank of China, in addition to participating in international credit card organizations and issuing credit cards marked with the logo of international organizations. Article 11 After receiving a credit card, a unit or individual shall deposit a reserve fund with the issuing bank as required. Article 12 An issuing bank may require an applicant to provide a guarantee according to his credit status. The guarantee method can be guarantee, mortgage or pledge. Thirteenth credit card deposit interest, according to the deposit interest rate and interest calculation method stipulated by the People's Bank of China.
If the time deposit is pledged, the time deposit shall be calculated according to the time deposit interest rate and interest calculation method stipulated by the People's Bank of China. Article 14 The credit card reserve absorbed by the issuing bank and the deposits pledged by time deposits shall be deposited in the local branch of the People's Bank of China according to the prescribed proportion. Article 15 A card-issuing bank shall establish an authorization examination and approval system.
When a cardholder uses a credit card for transfer settlement and cash withdrawal, he must obtain the authorization of the issuing bank if it exceeds the prescribed limit. Sixteenth corporate card holders are not allowed to withdraw cash from bank outlets and ATMs in different places and within the city where the card is received. Article 17 Cardholders may overdraw their consumption within the limits and time limits stipulated in these Measures. Gold card overdraft limit 10000 yuan, ordinary card 5000 yuan. Article 18 The longest overdraft period of a credit card is 60 days. Article 19 Credit card overdraft interest shall be charged at the rate of five ten thousandths of daily interest within 15 days from the date of signing the contract or the date of bank entry, and at the rate of five ten thousandths of daily interest after 15 days, and at the rate of fifteen thousandths of daily interest after 30 days or when the overdraft amount exceeds the prescribed limit. The overdraft calculation is not segmented, and the interest is calculated according to the highest interest rate grade or the highest overdraft amount. Article 20 The overdraft business of each card-issuing bank shall be managed according to its credit scale. Overdraft is transferred to short-term loan accounting. Article 21 Malicious overdraft refers to the overdraft behavior of the cardholder for the purpose of illegal possession, which exceeds the prescribed limit or time limit and is invalid after being collected by the issuing bank. Twenty-second special units shall not refuse to accept valid credit cards legally held by cardholders and issued by contracted banks for any reason, and shall not charge cardholders extra fees for using credit cards. Twenty-third special units shall not pay cash to cardholders by pressing cards, signing bills, returning goods, etc. Twenty-fourth commercial banks should charge credit card transaction fees to special units according to the following standards:
(a) RMB credit card, not less than 2% of the transaction amount;
(2) Credit cards issued by overseas institutions and used in China shall not be less than 4% of the transaction amount.
Domestic banks sign credit card agency acquiring agreements with overseas institutions, and the profit distribution ratio is implemented according to the fact that domestic banks and overseas institutions account for 37.5% and 62.5% of the handling fees paid by special units respectively. Article 25 The business rules of foreign currency credit cards shall be formulated separately. Chapter III Business Management Article 26 Commercial banks must report to the People's Bank of China for approval to start credit card business; When handling credit card business, its branches shall report to the branches of the People's Bank of China for the record. Article 27 A bank offering credit card business must meet the following conditions:
(a) in line with the "People's Republic of China (PRC) Commercial Bank Law" and its supplementary provisions of the China People's Bank of assets and liabilities ratio monitoring indicators;
(2) The corresponding internal management organization;
(3) Qualified managers and technicians;
(4) Having a sound management system and safety system;
(5) Necessary telecommunication equipment and management places;
(6) Other conditions stipulated by the People's Bank of China.
[img] Article 70 of the Credit Card Supervision and Management Law of Commercial Banks stipulates that
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks: Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the repayment ability of the cardholder and the cardholder is still willing to repay, the issuing bank may negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.
Extended data:
Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information according to law. Without the authorization of the customer, the relevant information shall not be used for other purposes than the bank's credit card business.
The term "acquiring bank" as mentioned in these Measures refers to a commercial bank that provides credit card acquiring business services or settlement services for credit card acquiring business according to the contract, and undertakes relevant responsibilities for risk management of acquiring business.
Baidu Encyclopedia-Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Measures for the administration of credit cards
The Measures for the Supervision and Administration of Credit Card Business of Commercial Banks have been adopted at the 20 10/00th Chairman's Meeting of China Banking Regulatory Commission on July 22nd, 20th. It is hereby promulgated and shall come into force as of the date of promulgation.
Measures for the supervision and administration of credit card business of commercial banks
General provisions: In order to standardize the credit card business of commercial banks, protect the legitimate rights and interests of customers and banks, and promote the healthy and orderly development of credit card business, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Commercial Bank Law of People's Republic of China (PRC), the Regulations on the Administration of Foreign Banks in People's Republic of China (PRC) and other laws and regulations.
Article 2 Commercial banks shall strictly abide by national laws, regulations, rules and relevant policies, and follow the principles of equality, voluntariness, honesty and credibility. Article 3 Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information according to law. Without the authorization of the customer, the relevant information shall not be used for other purposes than the bank's credit card business.
Article 4 A commercial bank shall establish and improve its credit card business risk management and internal control system, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks. Article 5 Commercial banks operating credit card business shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve the corresponding complaint handling mechanism. Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks according to law.
1. The term "credit card" as mentioned in these Measures refers to various media that record the relevant information of the cardholder's account, have the function of bank credit line and overdraft, and provide relevant banking services for the cardholder. Credit card business refers to the banking services provided by commercial banks using bank cards with credit limit and overdraft function, mainly including card issuing business and acquiring business.
2. Credit card overdraft interest shall be charged at the rate of five ten thousandths of daily interest within 15 days from the signing date or the bank bookkeeping date, and at the rate of five ten thousandths of daily interest after 15 days, and at the rate of fifteen thousandths of daily interest if the overdraft amount exceeds the prescribed limit for more than 30 days. The overdraft interest is not divided into sections, and the interest is calculated according to the highest interest rate grade or the highest overdraft amount.
Article 70 of the Measures for the Supervision and Administration of Credit Cards of Commercial Banks stipulates that
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks:
Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.
Measures for the supervision and administration of credit card business of commercial banks
Chapter I General Provisions
Article 1 In order to standardize the credit card business of commercial banks, protect the legitimate rights and interests of customers and banks, and promote the healthy and orderly development of credit card business, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Commercial Bank Law of People's Republic of China (PRC), the Regulations on the Administration of Foreign Banks in People's Republic of China (PRC) and other laws and regulations.
Article 2 Commercial banks shall strictly abide by national laws, regulations, rules and relevant policies, and follow the principles of equality, voluntariness, honesty and credibility.
Article 3 Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information according to law. Without the authorization of the customer, the relevant information shall not be used for other purposes than the bank's credit card business.
Article 4 Commercial banks operating credit card business shall establish and improve the risk management and internal control system of credit card business, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks.
Article 5 Commercial banks operating credit card business shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve the corresponding complaint handling mechanism.
Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks according to law.
Chapter II Definition and Classification
Article 7 The term "credit card" as mentioned in these Measures refers to all kinds of media that record the relevant information of the cardholder's account, have the function of bank credit line and overdraft, and provide relevant banking services for the cardholder.
Article 8 The term "credit card business" as mentioned in these Measures refers to the banking services provided by commercial banks using bank cards with credit limit and overdraft function, mainly including card issuing business and acquiring business.
Article 9 The term "card issuing business" as mentioned in these Measures refers to the relevant banking services provided by card issuing banks after signing contracts with qualified customers according to the evaluation results of customers.
Card issuing business includes marketing promotion, credit approval, card production and issuance, transaction authorization, transaction processing, transaction monitoring, fund settlement, accounting processing, dispute handling, value-added services and debt collection.
Article 10 The term "issuing bank" as mentioned in these Measures refers to a commercial bank that has been approved by the China Banking Regulatory Commission to start credit card issuance business and bear the relevant responsibilities for risk management of card issuance business.
Article 11 The term "card issuing service institutions" as mentioned in these Measures refers to legal persons or other organizations that have signed contracts with card issuing banks to assist them in providing credit card services.
Article 12 The term "acquiring business" as mentioned in these Measures refers to the services provided by commercial banks for merchants to accept credit cards and complete the settlement of related funds.
The acquiring business includes merchant qualification examination, merchant training, terminal installation and maintenance management, transaction authorization, transaction information processing, transaction monitoring, fund advance, fund settlement, dispute resolution and value-added services.
Article 13 The acquiring bank as mentioned in these Measures refers to a commercial bank that provides credit card acquiring business services or settlement services for credit card acquiring business according to the contract, and undertakes relevant responsibilities for risk management of acquiring business.
Article 14 The term "acquiring business service institution" as mentioned in these Measures refers to a legal person institution or other organization that has signed contracts with acquiring banks or acquiring business settlement banks to assist them in providing credit card acquiring business services.
Article 15 Credit cards issued by commercial banks can be divided into personal cards and corporate cards according to different issuers. Among them, company cards are divided into business travel cards and business purchase cards according to their uses.
Business travel card refers to a credit card that a commercial bank signs a contract with a government department, a legal person institution or other organizations to establish a travel expense reimbursement relationship and provide daily business expenses and financial reimbursement services for its staff.
Business procurement card refers to a credit card that a commercial bank signs a contract with a government department, a legal person institution or other organizations to establish a relationship of reimbursement of procurement expenses and provide them with services related to procurement expenses such as office supplies and office affairs.
Article 16 The term "students" as mentioned in these Measures refers to full-time students studying in educational institutions.
Article 57 of the Law on Supervision and Administration of Credit Cards of Commercial Banks stipulates that
It is stipulated that the issuing bank shall clearly stipulate in the credit card collection contract (agreement) the specific operation process of repaying the credit card loan with the cardholder's related assets, and shall not directly offset the credit card receivables with the cardholder's assets without the authorization of the cardholder. Unless otherwise stipulated by national laws and regulations. When the issuing bank receives the repayment from the cardholder, it will repay all the debts in its credit card account in the following order: if it is overdue for 1-90 days (inclusive), it will repay the interest or expenses first and then the principal; If the overdue period exceeds 9 1 day, the principal shall be repaid first, and then the interest or various expenses shall be repaid.
Legal basis:
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks: Under special circumstances, if it is confirmed that the amount owed by the credit card exceeds the repayment ability of the cardholder and the cardholder is still willing to repay, the issuing bank may negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years. The contents of personalized installment repayment agreement shall at least include:
(a) the balance, structure and currency of the arrears;
(2) the repayment period, method, currency, date and repayment amount of each installment;
(three) whether to charge annual fees, interest and other fees during the repayment period;
(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;
(five) the rights and obligations of both parties and the liability for breach of contract;
(6) Other matters related to repayment.
So much for the credit card supervision and management measures.